When you lose a loved one, you remember how fragile life is. When someone else’s wrongful or careless conduct resulted in a preventable death, the tragedy is even more significant. In the blink of an eye, your life can be shattered, and your family structure can be completely changed. When this happens, you need a strong Rio Rancho wrongful death lawyer in your corner who will help fight for the justice you deserve after suffering such an unspeakable tragedy.
At Caruso Law Offices, we work closely with surviving loved ones to help hold those accountable for deaths legally responsible for their actions. We can guide you compassionately through the process of filing a wrongful death claim. Our Rio Rancho personal injury law firm can handle all the legal aspects of your claim so you can focus on your grief and healing journey.
What Is Wrongful Death in New Mexico?
The New Mexico wrongful death statute, section 41-2-1, defines a wrongful death as causing someone’s death due to a “wrongful act, neglect, or default” in such a manner that if the victim had survived, they would have been able to maintain a personal injury case against the at-fault party.
Understanding the Difference Between Wrongful Death and Criminal Charges
Wrongful death cases can, but don’t have to, involve crimes. Oftentimes, wrongful death claims arise from car accidents when a motorist drove carelessly but was not intending to kill anyone. Still, the law recognizes that someone’s negligence can cause significant damage to a person and their family and allows a pathway for surviving family members to seek justice and compensation for these losses.
Wrongful death actions are separate from any criminal charges, such as homicide or drunk driving. They focus on awarding the plaintiff financial compensation for damages they suffered because of the death. Through a wrongful death claim, the family can seek justice against the at-fault party.
Who Can File a Wrongful Death Lawsuit in New Mexico?
New Mexico law states that the personal representative of a decedent’s estate must bring forth the wrongful death claim. They do so for the benefit of the decedent’s loved ones, including:
- Spouses
- Children
- Grandchildren
- Parents
- Siblings
Some relatives have higher priority than others in these legal proceedings. An experienced wrongful death lawyer in Rio Rancho can evaluate your circumstances and explain if you have grounds to file a wrongful death claim.
Damages That Are Awarded in New Mexico Wrongful Death Cases
As the survivor of a wrongful death tragedy, you have undoubtedly suffered unimaginable losses. Wrongful death claims cannot possibly make up for your tragic loss, but they are designed to help ease the financial burden that the death caused by providing compensation for economic damages such as:
- Medical expenses related to the final illness or injury
- Lost income
- Reasonable funeral and burial costs
Through a wrongful death claim, you can also recover compensation for the victim’s pain and suffering, your mental anguish, and loss of companionship.
Contact Our Rio Rancho Wrongful Death Lawyer Today
If you recently lost a loved one in a tragic accident, the compassionate wrongful death attorneys at Caruso Law Offices are here to help you during your time of need. Each experienced Rio Rancho wrongful death attorney at our law firm is familiar with the local court system and New Mexico’s wrongful death statute. We can handle insurance companies and the legal process while you focus on your family. Contact us today for a free case review.